VIC Finding Out if Power of Attorney Took from Bank Account?

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fiknzoz

Member
2 February 2017
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0
1
My father suffered a stroke in November last year. He passed away late December. His partner is power of attorney.

I have heard from a reliable source that his partner withdrew $100k from his personal bank account (via POA) in November, before my father's passing. I have been sent a copy of my father's will from a solicitor and I am a beneficiary along with my father's partner.

How can I find out if she did take $100k? Will the solicitor handling the estate take the withdrawal into consideration and take it off the amount my dad's partner gets?

Any information would be great.

Thanks
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
My father suffered a stroke in November last year. He passed away late December. His partner is power of attorney.

I have heard from a reliable source that his partner withdrew $100k from his personal bank account (via POA) in November, before my father's passing. I have been sent a copy of my father's will from a solicitor and I am a beneficiary along with my father's partner.

How can I find out if she did take $100k? Will the solicitor handling the estate take the withdrawal into consideration and take it off the amount my dad's partner gets?

Any information would be great.

Thanks
Hi,

I would speak to the bank where your father had his account and see if they will look into the situation and in particular the withdrawals. It may be that the distribution of the estate will need to take the withdrawals into account. But it may well need to be determined by someone whether they were legitimate withdrawals.

Good luck.
 

kimsland

Well-Known Member
6 February 2017
66
6
224
I have heard from a reliable source that his partner withdrew $100k from his personal bank account (via POA) in November, before my father's passing.
That's illegal, unless your father had her on his account as well, or unless your father gave her permission (also through the bank, possibly phone?) on the day.

Power of attorney happens either after death, or when it is deemed that the person cannot make his own decisions any longer.